From Deseret News archives:
Judge gives partial victory to Wendover
In his ruling issued Tuesday, U.S. District Judge Ted Stewart ruled a controversial 1992 ordinance passed by West Wendover, forcing all home and property owners in its borders to use its water system, cutting off Wendover's service, is invalid. Wendover had provided water to its Nevada neighbor for more than 70 years.
Specifically, the State Line casino had used Wendover water and under a grandfather clause in the ordinance, continued its water service until 2002, when the casino was sold. Utah-side officials alleged that West Wendover City had threatened to yank the casino's state liquor and business licenses if they did not switch.
The change proved a huge financial impact to Wendover, which does not benefit from the majority of casino income earned by West Wendover. The loss of State Line alone resulted in a $90,000 a year loss for the Utah side. The loss forced city officials to refinance several city bonds that depended on the income.
The situation prompted Wendover to file suit against West Wendover in 2003.
The judge noted at one point, West Wendover officials claimed the ordinance was done in part over health and water quality concerns. "The difficulty with this argument is that there is no allegation that plaintiff's water supply was somehow unhealthy or unsafe. In fact, there is evidence to suggest that defendants' water system is less reliable and contains more silica than plaintiff's system," the judge wrote.
Wendover had asked the court for punitive damages. Stewart said he had to apply Nevada law, and under that law West Wendover and its officials were immune from punitive damages.
But the door is left open for Wendover to collect compensation. Stewart left several issues unresolved, leaving the need for further hearings and possible trial if the two cities cannot reach a settlement.
Wendover Mayor Steve Perry told the Deseret Morning News that he is happy to hear that his city prevailed in part. "I'm glad to hear that he's ruled that their ordinance was made specifically for them to justify going after money," Perry said, adding he is disappointed his city will not be able to go after punitive damages.
"I'm sure we're going to push forward at this point," Perry said, once city attorneys have a chance to read through the ruling.
E-mail: gfattah@desnews.com
Comments
- World-record sushi roll 10:09 p.m.
- Vikings' Allen enjoying season 10:08 p.m.
- National news briefs 10:08 p.m.
- Utah Jazz Extra: Whose hot/not 10:07 p.m.
- World datelines 10:06 p.m.
- Birthdays for Monday, Nov. 9 9:51 p.m.
- Ray helps food bank in Ohio town 9:50 p.m.
- Queen leads ceremony to honor dead 9:48 p.m.
- Dalai Lama's Himalayan visit 9:47 p.m.
- Ex-Ute Miller leads Blazers to rout 9:46 p.m.
- Gay advocates trek to LDS office
216 - House passes health care bill
196 - Lobo suspended
173 - Cougars crush hapless Cowboys
150 - Speed has never been BYU's game
136 - Utah Jazz fall apart against Kings
125 - RSL rallies to advance
103 - Thousands protest health bill
102 - Provo company innovating engines
100 - BYU cuts Women's Research Institute
88
Why do so many people live so close to refineries in Utah and elsewhere?
NASA's Stardust probe continues to bring new knowledge about the nature...
Wow! Two, count 'em-two!-dumb dem congressmen. Sounds like a landslide...
Aggies don't play cupcakes as many assume just because they are in the WAC. ...
Sink baby sink! American Senators....do the right thing.....crush this...
I see a great defeat in the Senate for socialized sick medicine. And a great...
'98 was good, but 2000 was the real heartbreaker for the cats. 4th and long...
He read his history. The US did provoke a war once in Colombia. We had to...
Very innovative - This should change the industry. Hope it happens early on...
Is parents living vicariously through their kids. The kids want a balanced...
park city is gunna kill hurricane
Poor backers of greedy insurance companies still spreading fear and lies to...


You can be the first to comment on this story.